Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Year: 1973 Page 91 of about 961 results (0.123 seconds)

Keeble Vs. United States

Court : US Supreme Court

..... . in these respects, i agree with the court. but the court goes on to hold "that, where an indian is prosecuted in federal court under the provisions of the act, the act does not require that he be deprived of the protection afforded by an instruction on a lesser included offense. . . ." ante at 412 u. s. 214 . i ..... federal court that are not authorized by statute. [ footnote 14 ] we hold only that, where an indian is prosecuted in federal court under the provisions of the act, the act does not require that he be deprived of the protection afforded by an instruction on a lesser included offense, assuming of course that the evidence warrants such an instruction. ..... .rec. 935 (1885). [ footnote 12 ] in making the most recent amendment to the major crimes act, see n 10, supra, congress neglected to add the offense of assault resulting in serious bodily injury to both of the sections in which the act is now codified. the government concedes that the failure to add this new offense to the list of .....

Davis Vs. United States

Court : US Supreme Court

..... the 'keyman' and 'selectors,' system, cause nought to token in their selection of prospective qualifying negro jurymen because of their race and color in violation of section 1863." "(c) that the northern district court has, by its affirmative action taken for the past 20 years, has acquiesced to systematically, purposefully, unlawfully and unconstitutionally ..... a holding that the "key man" system used in mississippi in 1968 was constitutional, but the new act is plainly irrelevant to the question presented by this case. [ footnote 2/4 ] those cases involved discrimination unconstitutional because of the equal protection clause of the ..... are thought to have wide contacts in the community to supply the names of prospective jurors. [ footnote 2/3 ] similarly, the jury selection and service act of 1968, 28 u.s.c. 1861-1869, can be administered in an unconstitutional manner. its adoption might have some bearing on our decision to review .....

Bronston Vs. United States

Court : US Supreme Court

..... at the meeting and "shall examine the debtor or cause him to be examined and hear witnesses on any matter relevant to the proceeding." section 21(a) of the act, 11 u.s.c. 44(a), is applicable to a chapter xi proceeding because it is a provision of chapters i through vii "not inconsistent with or ..... law, be fined not more than $2,000 or imprisoned not more than five years, or both. this section is applicable whether the statement or subscription is made within or without the united states." [ footnote 2 ] under 334 of the bankruptcy act, 11 u.s.c. 734, the court must hold a first meeting of creditors within a limited period of ..... time after the chapter xi petition is filed. section 336, 11 u.s.c. 736, provides that the judge or court-appointed referee shall preside .....

The Union of India (Uoi) Vs. A.K. Mathiborwala

Court : Mumbai

Reported in : (1974)76BOMLR659

..... fraud._______________________________________________________________________________________the fact of and the reasons for blacklisting should not be disclosed to the firm.accordingly the directorate general of supplies and disposals cs-4-a section (registration branch), (hereinafter referred to as d.g.s.& d.) new delhi, issued the following confidential circular dated december 18, 1965:the government ..... refused to accept the highest bid made at the auction sale of country liquor shops. the supreme court held that the bihar and orissa excise act (act no. ii of 1915) expressly conferred such power on the government and even apart from that it was open to the government as the owner ..... this apart, the ministry of works, housing and supply (department of supply) is responsible for keeping an upto date list of blacklisted firms and also acts as the coordinating ministry for purpose of reviewing doubtful or marginal cases of blacklisting orders (see clause (7) of the code). further, it is common .....

Kilburn and Co. Ltd. Vs. Commissioner of Sales Tax

Court : Allahabad

Reported in : [1973]31STC625(All)

..... hence this reference.3. the relevant notification is st-3124/x-1012(4) dated 1st july, 1966. it is a notification under section 3-a of the act and prescribes a rate of 6 per cent. on the turnover of 'paper other than hand-made paper'. the contention put forth ..... their turnover was liable to tax at the general rate of 2 per cent., as prescribed by the charging section 3 of the u.p. sales tax act (hereinafter referred to as the act). the sales tax officer, on the other hand, obviously relying upon a notification dated 1st july, 1966, ..... 'food colours' and 'syrup essences' which are descriptive of the class of goods the sales of which are to be taxed under the act have to be construed in the sense in which they are popularly understood by those who deal in them and who purchase and use them. ..... r.l. gulati, j.1. this is a reference under section 11(1) of the u.p. sales tax act. the additional judge (revisions), sales tax, lucknow, at the instance of the assessee, has referred the following question .....

Tara Chand Vs. State

Court : Allahabad

Reported in : 1973CriLJ1098

..... , contended that the evidence adduced on behalf of the prosecution was insufficient to prove that the recovered articles were 'railway property' as defined by section 2(d) of the act. by section 2 'railway property' is defined to include any goods, money or valuable security or animal belonging to or in the charge or possession of a ..... that the evidence fell short of proving that the goods were used or intended to be used in the construction, operation or maintenance of railway. section 3 of that act was attracted only when it was shown that the accused was in posession of railway stores which are used or intended to be used in the ..... construction, operation or maintenance of railway. in the instant case the accused was tried and convicted of an offence under section 3 of the railway property (unlawful possession) act, 1966, which carries within its sweep the unlawful possession of railway property or of such property reasonably suspected of having been stolen, irrespective .....

T.A. Taylor and Company (Madras) Private Ltd. Vs. the Government of Ma ...

Court : Chennai

Reported in : [1974]34STC391(Mad)

..... point is in any way erroneous. following the above decision we hold that the sales tax collected and paid over to the state by the petitioners under section 21-a of the madras prohibition act has to be excluded from the taxable turnover while the gallonage fee had rightly been included. in other respects the orders of the tribunal are upheld. ..... the goods sold by them and therefore it will automatically come under the definition of turnover. as regards the sales tax collected under section 21-a of the madras prohibition act, the bench however held that the said section 21-a clearly creates a dichotomy between the sale price of the goods and the tax collected, and that, in view of ..... point has to be decided in favour of the petitioners.5. the first contention of the petitioners is that in view of section 8 read with item 3 of schedule iii of the madras general sales tax act, foreign liquor which has been subjected to various duties such as sale's tax and gallonage fee should be taken to have .....

Dr. S. Subramania Iyer Vs. the Secretary, the Karaikudi Co-operative T ...

Court : Chennai

Reported in : (1974)1MLJ441

..... -operative societies from proceeding with certain plaints filed under section 51 of act vi of 1932 (madras). my attention was also drawn to a decision of this court reported in (1919) k.l.t. 334 : (1959) k.l.r. ..... order does not fall within the definition of a decree in the code of civil procedure. the question of appealability of an order of the district judge under section 49 of act vi of 1932 (madras) did not arise in the latter case. their lordships were only disposing of a writ petition to prohibit the deputy registrar of co ..... date of realisation. it is to set aside this order, they preferred the original petitions referred to above before the district court, ramanathapuram at madurai, under section 49 (2) of the act. the learned district judge on 21st july, 1965 dismissed the said petitions. it is the correctness of the conclusion of the learned district judge that is .....

The Nagercoil, Asarimar Samudayam, Muthuraman and Natesa Trust, Repres ...

Court : Chennai

Reported in : (1973)2MLJ306

..... the area committee to appoint trustees alone has been challenged. i am not able to see how such a question could come within the scope of section 63 (a) of the act. section 63 (a) so far as it is relevant is set out below:subject to the rights of suit or appeal hereinafter provided, the deputy commissioner ..... appellate court allowed the appeal and dismissed the suit.5. in this second appeal the only question that arises is as to whether the suit is barred under section 108 of the act. in state of madras v. kunnakudi melamatam alias annathana matam and anr. : (1968)2mlj41 , it was held that the question whether an institution is a ..... the. 6th defendant. their contention was that the temples are public religious institutions that, therefore, the area committee has got powers for appointment of trustees under section 49 of the act, and that the order appointing the trustees by the area committee will not fall within the expression matters of religion mentioned in article 26 of the constitution. .....

M/S. Haji Lal Mohd. Birl Works, Allahabad Through Abdul Hamid Vs. the ...

Court : Supreme Court of India

Reported in : (1973)2CTR(SC)313

..... the period during which the recovery of sales-tax was stayed. we find it difficult to accede to this contention because there is nothing in the language of section 8(1-a) of the act which prevents the running of interest be cause of the operation of any stay order. indeed, the liability to pay interest because of the operation of any ..... , however, contested its liability to pay interest amounting to rs. 1,38,000 on the amount of sales tax under section 8(1-a) of the act. a petition under article 226 of the constitution was consequently filed by the appellant in the high court challenging the recovery of the interest amounting to rs. 1 ..... effect from february 1, 1965 till the date of final payment and same too should be recovered as arrears of land revenue in terms of the provisions of section 8 (1-a) of the act.3. the case of the appellant firm is that the amount of the sales tax mentioned in the two recovery certificates was paid by it. the appellant .....